Articles

"They pretend public benefit, intend private"

August 13, 2014 | By TIMOTHY SANDEFUR

Four centuries ago, Sir Edward Coke, one of the founding fathers of the Anglo-American legal tradition, explained how businesses often collude with government to illegalize competition. They persuade the government to adopt licensing laws or other restrictions, which allow existing firms to raise prices and reduce innovation, knowing they’re ...

Articles

Government monopolies : the Court should not allow immunity unless anticompetitive laws are subsantively justified

August 12, 2014 | By TIMOTHY SANDEFUR

(Part 4 of a series. Here are Part 1, Part 2, and Part 3) In N.C. Dental Examiners v. FTC, the Supreme Court will decide whether to extend Parker antitrust immunity to state regulatory agencies that are dominated by private parties who have a private stake in preventing economic competition against them. In our brief, … ...

Articles

Government monopolies : the Court should enforce the "active supervision" requirement

August 11, 2014 | By TIMOTHY SANDEFUR

(Part 3 of a series. Here’s Part 1, Part 2, and Part 4.) In the N.C. Dental Examiners case, the Supreme Court will decide whether Parker antitrust immunity should apply to state regulatory agencies that are run entirely by private parties who have a private stake in preventing economic competition against them. Our brief, joined by … ...

Articles

Government monopolies : the Supreme Court should overrule the Southern Motor Carriers case

August 07, 2014 | By TIMOTHY SANDEFUR

(Part 2 of a series. Here are Part 1, Part 3, and Part 4) In the N.C. Dental Examiners case, the Supreme Court will decide whether to extend Parker antitrust immunity to state regulatory agencies that are run entirely by private parties who have a private interest in excluding their own competitors from the marketplace. … ...

Articles

Cartels shouldn’t be exempt from anti-monopoly laws just because they’re run by states

August 06, 2014 | By TIMOTHY SANDEFUR

(Part 1 of a series. Here are Part 2, Part 3, and Part 4) There’s a lot not to like about antitrust law, but the basic idea that monopolies are bad, and that everyone should have the right to compete honestly in the free market, is a cornerstone of our society. Sadly, antitrust is so … ...